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Almost there. All we need now is a personal penalty for the lawyer who knowingly brings the frivolous case and I'd bet that it would tip the balance just enough so that trolling mostly disappears.


You mean like Rule 11(b)(2) and 11(c)?

http://www.law.cornell.edu/rules/frcp/rule_11


I wonder how effective it would be if every trolling victim filed this motion for sanctions automatically. Of course, that assumes going to court in the first place, which brings us back to the original problem, I guess. Could this be used along with the judge's ruling that the troll is this type of NPE?

As in: You're a troll, pay the defendant, oh and your lawyer pays too?


>I wonder how effective it would be if every trolling victim filed this motion for sanctions automatically.

What makes you think they don't already? The problem with patent trolls isn't that what they're doing is illegal, it's that what they're doing is legal.





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